Abstract

VARGAS FLORES, Rosa Luz; ESPEJO VARGAS, Zuliana del Carmen; SIERRALTA PINEDO, Sheila  and  LUJAN ESPINOZA, Gladys Margarita. Theories in the real estate transfer system: importance in the training of Law students. Rev. Mendive [online]. 2024, vol.22, n.3  Epub Sep 01, 2024. ISSN 1815-7696.

The education of law students requires a deep understanding of the theories behind the real estate transfer system. This study aims to analyze the predominant doctrinal positions and comparative legislation, identifying relevant legal systems and contrasting them with current legislation. The primary method was a literature review, using inclusion and exclusion criteria with a descriptive approach. Analytical-synthetic, interpretive, and legal hermeneutics methods were applied, employing documentary analysis techniques and observing the VII and IX Civil Jurisdictional Plenums of the Supreme Court of Peru. The results indicate that the theory of title and mode best guarantees legal security for the parties involved. In contrast, the French consensual system, predominant in real estate transfers, is not effective for the buyer. This highlights the importance of the theory of title and mode in the education of future lawyers, providing them with a solid foundation to understand and apply principles that ensure adequate legal protection. It is concluded that promoting the registration of real estate transfers in the corresponding public registries is essential, a recommendation based on the need to guarantee legal security. This knowledge is crucial for law students, as it not only prepares them to face legal challenges in their professional practice but also provides them with the necessary tools to drive legislative reforms that enhance legal security in real estate transfers.

Keywords : transfer; students; property; legal security; university..

        · abstract in Spanish | Portuguese     · text in English | Spanish     · English ( pdf ) | Spanish ( pdf )